Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-09-01

whole subject TO wit: Has this Commission law
III pght 70 hold this investigation; to propourd
tneSe questions and compel answers thereto; to
da INTO The private affairs Of this respon-
Gent, or OF the Central Pacific Railroad Com
pany, or OF any individual, and invoke the
towers of this Court TO carry out such purpose 7
.heee Questions are 20 fully and ably discussed
an the opinions rendered, that further comment
thereon seems unnecessary.
THE oUEsrIoE OF JURISDICTION
1t is No. claimed that this is g case or a
controversy" between any parties TO which
the judicial power extends. and over which 1t
mas proper jurisdiction. Neither the United
states nor any other person is making compliant
against this respondent or against said railroad
company, IN any form or manner known to iu-
dlclal proceedings. No charges are made against
elected OF obligations unfulflled In regard TO
the very account Immediately under considera-
ton by the Commission and in reference 10
whlch many OF the questions were propounded.
70 winch We are asked 70 compel answers, il IL
shown that this account was fully settled and
adjusted by and between the United States and
said compeny long ago. Upon page u OF the
argument of the United States Attorney SUBJ
mltted in support OF this motion, it il stated
some question was made as 10 whether as
mater OF fact, the moneys covered by Mr.. stan
lords vouchers had been included IN the &C.
CONT rendered 70 the Government for the pur-
pose OF ascertaining the net earnings OF the
company. The Commissioners do not desire q
decision based upon this question, and therefore
concede, fer the purpose OF this motion that the
amounts IN question have not been charged az
against the United States. 10 the end that this
matter may be disposed of entirely on its
merits"
II this be true. what interest then is Il to the
United States, even If it had right so TO do, 10
inquire how or in what manner, this account
accrued or was paid? Ii concerns the United
States in no nanner-affects no pecuniary right
or interest claimed by it, due or not matureti
What interest then. has the United StRtes in
this inquiry. beyond that of any third party
whose curiosity may prompt him TO inquire INTO
that concerning which he has no right or in
terestf
Is not this. then, g mere idle inquiry. not
made III the interest OF. or 10 preserve or etab-
llsh the rights Of, the Government or any per
son? Has not any third person, to crafty az
idle curiosity, the same right to institute these
inquiries and invoke the aid of the Courts in
support thereof
Courts do not entertain such investigations or
inquiries, or lend their aid thereto. If this
power OF unlimited inquisitorial investigation
into the affairs of private corporations or CON
alike-shall be once established who can say
where il will end, or what will be its limit OF
injustice at all times; but, more especially,
when called into exercise in times of political
excitement, or under the influence OF partisan
zesl or passion?
In the close adherence TO well se!tled princi-
pies OF Law, founded upon the just observance
OF the rights of all parties viii we not find the
greatest safety alike 10 public and private
rights?
without further discussion of the subject
tulIy concur in the opinions read and in the
order made.